M.R. Shah, J.

Feeling aggrieved and dissatisfied by the impugned judgment and decree passed by the learned Judge, Commercial Court, Vadodara, in Commercial Civil Suit No.108/2016 (Old Case No.: Special Summary Suit No.77/2011) by which the learned Judge has partly decreed the said suit and has passed a decree against the appellants herein - original defendants for a sum of Rs.3, 61,33,579/- along with interest at the rate of 12% p.a. from the date of filing of the suit till the date of decree and 9% p.a. from the date of decree till realization of the amount, the original defendants have preferred the present First Appeal under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to as "the Commercial Courts Act") read with Section 96 of the Code of Civil Procedure, 1908.

2. The facts leading to the present First Appeal in nutshell are as under:

2.1 That the respondent - original plaintiff (hereinafter referred to as the original plaintiff) initially filed summary suit against the appellants herein - original defendants, before the learned Civil Court for recovery of an amount of Rs.3,61,33,579/- along with interest thereon at the rate of 18% p.a.

2.2 That thereafter, on establishment of Commercial Court at Vadodara under the provisions of the Commercial Courts Act and as the dispute was a commercial dispute having value of more than rupees one crore, the said suit came to be transferred to the Commercial Court, Vadodara, which was numbered as Commercial Suit No.108/2016.

2.3 In the said suit, it was the case on behalf of the plaintiff and so averred in the Plaint that the plaintiff is a sole proprietor of M/s. Kesar Laminates and engaged in the business of rust preventive anti-corrosive work, stub strengthening and stub preparing work, stub repairing work and reconditioning work, 11 KV bus-bar insulation, IR value improvement and reconditioning etc. The plaintiff is working in the said field since long time and has been doing the work in several divisions in Gujarat area for Gujarat Energy Transmission Corp. Ltd. (for short "GETCO"). The defendant No.1 is company incorporated under the Companies Act, 1956 and is a State owned Corporation. The defendant No.1 is engaged in transmission and distribution of electricity in the various parts of the State of Gujarat and defendant No. 2 to 4 are its officers looking after the main business, administration and management of the defendant No.1 Corporation.

2.4 It was the case of the plaintiff that an inquiry was sent to the plaintiff by the defendants in the year 2008 for rust preventive, anti-corrosive coating work, IR value improvements work, 11 KV bus-bar insulation work etc. and the plaintiff had agreed to execute the work for which the defendants had made inquiry on the rate clearly fixed between the parties. It was further the case of the plaintiff that all the work was done by the plaintiff for which payment was also made by the defendants at the relevant time and the entire amount was paid in respect of above referred work done by the plaintiff by the end of December, 2008. It was the case of the plaintiff that the plaintiff has completed the said work in the entire District of Kutchh and more particularly, in Nakhatrana division to the satisfaction of the defendants. It was further the case of the plaintiff that most of the work of the defendants are such that they require immediate attention and completion especially on account of electrification work mostly at remote places of Kutchh very close to border area, coastal and desert area etc. It was the case of the plaintiff that the common practice of the defendants was to call the plaintiff to do the work and thereafter they used to send inquiry and since the quotation of the earlier work were already with the defendants, t